[Federal Register Volume 62, Number 179 (Tuesday, September 16, 1997)]
[Notices]
[Pages 48656-48657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24551]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5892-8]


Site-Specific Flexibility Requests for Municipal Solid Waste 
Landfills in Indian Country

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
availability of and simultaneously requesting comment on the draft 
guidance document ``Site-Specific Flexibility Requests for Municipal 
Solid Waste landfills in Indian Country''. This draft guidance provides 
owners and operators of municipal solid waste landfills (MSWLFs) in 
Indian Country with options for meeting the EPA regulations found in 40 
CFR part 258 which establish federal requirements for MSWLFs. States 
with EPA approved permit programs have the authority to allow MSWLF 
owners and operators to use flexible approaches to meet the MSWLF 
performance requirements, provided these alternative approaches protect 
human health and the environment. The process described in this draft 
guidance document provides that identical opportunity to owners and 
operators in Indian Country.
    This guidance is intended to assist owners and operators of MSWLFs 
in Indian Country to develop and submit site-specific requests for 
flexibility in meeting 40 CFR part 258 criteria. Site-specific 
flexibility can allow owners and operators in Indian Country cost-
effective methods of complying with federal performance standards while 
ensuring that human health and the environment are protected. The 
proposed site specific rulemaking process ensures protection of human 
health and the environment while decreasing regulatory burden to tribal 
governments and owners and operators of MSWLFs in Indian Country.
    The primary audiences for the draft guidance are tribal governments 
and owners and operators of MSWLFs in Indian Country. This guidance is 
available for immediate use, and simultaneously open for comments.

DATES: EPA will accept comments on ``Site-Specific Flexibility Requests 
for Municipal Solid Waste Landfills in Indian Country'' until November 
30, 1997.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing docket number F-97-SSSA-FFFFF to: RCRA Docket 
Information Center, Office of Solid Waste (5305G), U.S. Environmental 
Protection Agency Headquarters (EPA, HQ), 401 M Street, SW, Washington, 
DC 20460. Hand deliveries of comments should be made to the Arlington, 
VA, address listed below. Comments may also be submitted electronically 
by sending electronic mail through the Internet to rcra-docket@epamail.
epa.gov. Comments in electronic format should also be identified by the 
docket number F-97-SSSA-FFFFF. All electronic comments must be 
submitted in an ASCII file avoiding the use of special characters and 
any form of encryption.
    Commenters should not submit electronically any confidential 
business information (CBI). An original and two copies of CBI must be 
submitted under separate cover to: RCRA CBI Document Control Officer, 
Office of Solid Waste (5305W), U.S. EPA, 401 M Street, SW, Washington, 
DC 20460.
    Public comments and supporting materials are available for viewing 
in the RCRA Information Center (RIC), located at Crystal Gateway I, 
First Floor, 1235 Jefferson Davis Highway, Arlington, VA. The RIC is 
open from 9 a.m. to 4 p.m., Monday through Friday, excluding federal 
holidays. To review

[[Page 48657]]

docket materials, the Agency recommends that the public make an 
appointment by calling (703) 603-9230. The public may copy a maximum of 
100 pages from any regulatory docket at no charge. Additional copies 
cost $0.15/page. For information on accession paper and/or electronic 
copies of the document, see the ``Supplementary Information'' section.

FOR FURTHER INFORMATION CONTACT:
For general information, contact the RCRA Hotline at 800 424-9346 or 
TDD 800 553-7672 (hearing impaired). In the Washington, DC metropolitan 
area, call 703 412-9810 or TDD 703 412-3323. For information on 
specific aspects of the document, contact Karen Rudek, Municipal and 
Industrial Solid Waste Division of the Office of Solid Waste (mail code 
5306W), U.S. Environmental Protection Agency Headquarters, 401 M 
Street, SW, Washington DC 20460; phone 703 308-1682; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: For a paper copy of the draft document, 
``Site-Specific Flexibility Requests for Municipal Solid Waste 
Landfills in Indian Country'', please contact the RCRA Hotline at (800) 
424-9346 or TDD (800) 553-7672 (hearing impaired). In the Washington, 
DC, metropolitan area, call (703) 412-3323. The document number is 
EPA530-R-97-016.
    The draft guidance is also available in electronic format on the 
Internet. Follow these instructions to access it:
    WWW: http://www.epa.gov/epaoswer/nonhazardous waste
    FTP: ftp.epa/gov
    Login: anonymous
    Password: your internet address
    Files are located in /pub/epaoswer.
    The official record for this action will be kept in paper form. 
Accordingly, EPA will transfer all comments received electronically 
into paper form and place them in the official record, which will also 
include all comments submitted directly in writing. The official record 
is the paper record maintained at the address in ``Addresses'' section 
above.
    EPA responses to comments, whether the comments are written or 
electronic, will be contained in a notice in the Federal Register or in 
a response to comments document placed in the official record for this 
Notice of Document Availability. EPA will not immediately reply to 
commenters electronically other than to seek clarification of 
electronic comments that may be garbled in transmission or during 
conversion to paper form, as discussed above.
    EPA has authority under the Resource Conservation and Recovery Act 
(RCRA) sections 2002, 4004, and 4010 to promulgate site-specific rules 
as outlined in this draft guidance document. The steps outlined in this 
guidance document for promulgating site-specific rules are meant to 
satisfy the notice and opportunity for comment requirements of the 
Administrative Procedures Act, 5 U.S.C. 551.

    Dated: September 4, 1997.
Elizabeth A. Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 97-24551 Filed 9-15-97; 8:45 am]
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